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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 05-06-2003, 07:55 PM
vikki40
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Police report-arraignment time limit


What is the name of your state? Louisiana

My son was arrested by campus police at the university he attends in LA, transported to local police dept. and charged with two counts each of assault of police officers and resisting arrest. He posted bail and was released the same night. He received a court date and days prior to that court date he was called by assigned public defender and told the court date would not be an arraignment because there has been no police report filed by the campus police yet and therefore no DA court case assigned. Public defender stated this could go on several months, rescheduling arraignment date and there was no time limit for campus police to file report. He called the DA's office and they told him campus police, per the law, were to file report asap? What is the law? And what defines asap in this case? As it stands his case has been rescheduled twice since the incident nearly two months ago. Thanks for the help.
  #2  
Old 05-07-2003, 04:30 PM
GKris
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There is no law per se that states when a police report needs to be written by the police, but every DA has rules as to when they want the reports filed to proceed with the case. Every department has rules as to when a report needs to be filed. I'd call them up and remind them. Otherwise no case will be filed, the charges will be dismissed, and the kid will never have a chance to go to jail. But thats just me
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Old 05-07-2003, 06:10 PM
vikki40
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Thanks Kris...apparently the 'rule' at DA's office is asap and can't get two answers the same from the campus police or the police dept where actual charges were filed based on campus police verbal info given to that police dept. Thanks for your help.
  #4  
Old 05-17-2003, 10:24 AM
hexeliebe
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your public defender


can find out if the police report has been filed and if not, he/she can force the campus police to turn over all documents relating to the incident.

It sounds like the campus police are a bit hesitant in signing any charges they made against your child and/or are trying to figure out their liability in the matter.

If a police report has been filed and the DA has not moved on the case then your attorney can better advise you as to how long you will need to wait for the charges to be filed.

My best advice is to let him/her handle it and get on with your life. If this is a state institution like LSU or LSU Monroe then you have other recourse through the University but discuss it with your attorney first.
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